·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

Is There Time Limit to File a Wrongful Termination Lawsuit?

— May 14, 2021

Statutes of limitations vary based on the type of claim so it is important to contact a lawyer immediately to understand when you need to file.

Being terminated from a job is never easy. It is especially hard when you believe that you have been wrongfully terminated. 

It’s important to recognize the difference between a lawful termination and wrongful termination lawyer ohio. Being terminated over a personality conflict with a coworker or a manager is not wrongful termination. In Ohio, employment is considered “at-will,” which means an employee can be terminated or demoted at any time, for any reason as long as it is lawful. 

Wrongful termination is when an employee is fired for illegal reasons. These illegal reasons include, but are not limited to:

  • Discrimination based on a protected class, like disability, race, gender, sexual orientation, nationality, ethnicity or other protected characteristics;
  • Retaliation for participating in a protected activity like helping in an investigation into your employer performed by the EEOC, OCRC, OSHA or any other entity or participating in an investigation that the employer is doing by providing information in your possession;
  • Filing a complaint against your employer for discrimination, failure to pay overtime wages or other reasons, like an OSHA workplace safety complaint. 

If you believe that you have been illegally terminated, it is crucial to connect with a wrongful termination lawyer in Columbus Ohio to help you determine whether or not you were wrongfully terminated. 

Many people aren’t aware of their employment and labor rights in the workplace and don’t understand what wrongful termination looks like at first glance. If in doubt as to whether the reasons for your termination are lawful, consult with a Columbus employment lawyer. 

So, if you believe you have been wrongfully terminated and a lawyer can help you determine the legality of your claim, how much time do you have to file a lawsuit?

The statute of limitations for your particular claim will govern how long you have to file a lawsuit. Statutes of limitations vary based on the type of claim so it is important to contact a lawyer immediately to understand when you need to file.

You're Fired sign
You’re Fired sign; image courtesy of geralt via Pixabay,

For example, if you have been terminated related to a claim for Workers Compensation or because of a workplace injury but were terminated before you could file a Workers Compensation claim, you must send what is called a Notice of Intent to your former employer within 90 days of the termination. For most federal claims like sexual harassment, discrimination and retaliation, you must file a Charge of Discrimination with the EEOC within 300 days of the adverse job action. In certain instances, this timeframe is only 180 days. On the other hand, FMLA claims have a two-year statute of limitations. Only an employment lawyer can advise you as to when you need to file suit so it is important to act quickly. 

Once a wrongful termination lawyer in Cleveland, Ohio can affirm that your lawsuit has merit, be sure to file as soon as possible. Not only is it important to file before the statute of limitations expires, but the lawsuit process can be long and drawn out. 

The wrongful termination lawyers in Ohio at The Friedmann Firm can help you not only determine if your termination was lawful, but they can also guide you through the next steps of the lawsuit filing process. The Friedmann Firm’s wrongful termination lawyers in Cleveland, Ohio are experienced and extremely knowledgeable in employment law and will be able to help you with your wrongful termination case. Contact our firm or visit our website today to get started with a free consultation.

Join the conversation!